Seema Devi vs Ut Of J&K And Others
2023 Latest Caselaw 151 j&K

                                                                           Sr. No.39




          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
                                                          WP(C) No.2720/2021

Seema Devi                                             .....Appellant(s)/Petitioner(s)

                          Through: Ms. Surinder Kour, Sr. Advocate with
                                   Mr. Michal Dogra, Advocate

                 Vs

UT of J&K and others                                               ..... Respondent(s)

                          Through: Mr. Raman Sharma, AAG
                                   Mr. Suraj Singh, GA

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                      ORDER

In this petition, the petitioner has called in question the Government Order

No.919-Edu of 2018 dated 16.11.2018, whereby Rehbar-e-Taleem Scheme for

engagement/appointment of persons as Rehbar-e-Taleem in various government

schools was formally closed. A Division Bench of this Court has already

decided the issue with regard to the validity of the impugned Government Order

in SWP No.3004/2018 titled Ruksana Jabeen v. State of J&K and others and

other clubbed matters vide judgment dated 04.02.2023.

The Division has upheld the constitutional validity of the impugned

Government Order No.919-Edu of 2018 and has also issued certain directions

with regard to the impact of the Government order on pending and decided

litigation(s). Conclusions in this regard are drawn in paragraph No.31 of the

judgment, which, for facility of reference is reproduced hereunder:-

"31. We have heard both the sides at some length on the impact of the Government order on the pending litigation and we cull out our conclusion as under:

(i). That the impugned Government order will not affect the select panels prepared by the respondents which have been acted upon and formal orders of engagement have been issued;

(ii) That the impugned Government Order will not override or effect the judgments passed or to be passed by this Court holding a candidate/candidates entitled to engagement in the selection process which was/is under challenge before the Court;

(iii) Where the select panels are approved and the aggrieved party has approached the Court before it could be acted upon, shall also be not affected by the impugned Government order, in that,but for litigation in the Court, the approved panel/panels could have been acted upon and formal letters of engagement in favour of the selected candidates issued prior to the issuance of the impugned Government order; and,

(iv) Notwithstanding issuance of the impugned Government order, the respondents shall abide by the judgments passed by any competent Court of law which have attained finality. However, the writ petitions involving adjudication of disputes in respect of tentative merit lists or tentative select panels shall be liable to be dismissed in view of the impugned Government order, in that, it would not be permissible for a Court of law to direct the respondents to finalize the tentative merit lists or tentative select panels and issue engagement orders in view of closure of the scheme and a clear stipulation contained in paragraph 2nd of the impugned Government order."

In view of the above, this petition insofar as it challenges constitutionality

of the impugned Government Order is concerned, fails and same is disposed of

by providing that the impugned Government Order shall be understood and

made applicable in the manner explained by the Division Bench in the supra

judgment.

(SANJEEV KUMAR ) JUDGE Jammu 06.02.2023 Vinod.